Legal and Ethical Environment of Business

Law 230-10/50
Summer 2023
Online

Professor H. Justin Pace

Office: 230 Forsyth
hpace@wcu.edu
Office Hours: By appointment

Required Text: Henry R. Cheeseman, Legal Environment of Business (Pearson 9th ed.
2019), ISBN-13: 9780135636947

Course Objectives: This course is designed to help students meet the following objectives
critical to business education, business law, and modern capitalism:
 Understand the basics of the American legal system;
 Be able to assess business decisions from a combined strategic, legal, and ethical
standpoint;
 Have a working familiarity with the basic vocabulary of the law, especially the most
common and important legal issues that business people face;
 Have the tools to address legal risk, both by recognizing its presence and recognizing
when to seek outside legal help;
 Exercise effective written communication skills; and
 Have the skills to be an informed consumer of the law.

Course Delivery Modality: This is an asynchronous, online course. “Asynchronous” means

that, rather than watch a class live together with your classmates at the same time, you will
choose when to watch prerecorded lectures and complete discussion posts. This provides you
some leeway to pace your work, but it does not provide you complete freedom to do so. The
course is organized into weekly blocks. You must complete all work for a given weekly block
that same week.

Lectures: The lectures will be posted in batches at the beginning of each week. You may view
the lectures at your leisure; however, each lecture (and any associated discussion posts—see
below) must be completed by the end of the week. You should complete the relevant reading
assignment—listed below—before viewing each lecture. You are required to view each lecture.

Examinations and Quizzes: Seven open-book quizzes and two open-book exams (a midterm
and a final) will be given. For the exams, you will have two hours within a three-day window to
take each exam. That is, you must start the exam at some point within that three-day window.
The exams are due by 9pm on the last day of the exam window. Once you start the exam, you
will have two hours to complete it. The quizzes work like the exams, but you will only have one
hour to complete it and the window to take the exam will run from Thursday until Friday at 9pm
of that week. The quizzes and exams will consist entirely of objective (multiple choice,
True/False, etc.) questions. Each quiz will test the material covered that week. The midterm
exam will test the material covered in the first half of the course. The final exam will test the
material covered in the second half of the course.

Opens: Due:
Quiz 1 12am, June 8 9pm, June 9
Quiz 2 12am, June 15 9pm, June 16
Quiz 3 12am, June 22 9pm, June 23
Quiz 4 12am, June 29 9pm, June 30
Midterm 12am, July 5 9pm, July 7
Quiz 5 12am, July 13 9pm, July 14
Quiz 6 12am, July 20 9pm, July 21
Quiz 7 12am, July 27 9pm, July 28
Final 12am, July 31 9pm, Aug. 2

Ethics Papers: In addition to the discussion posts, quizzes, and exams, you will be asked to write
two papers.

For the first paper, you will be asked to write a 2-page paper on one of 9 ethical models/models
of social responsibility from the book. The first paper is due by 9pm on Friday, June 16.

For the second paper, you will be asked to write a 3-4 page paper applying the ethical model you
discuss in the first paper to an ethical scenario of your choosing. The second paper is due by
9pm on Friday, July 21.

Further instruction on both papers will be forthcoming.

Grading:
Your grades will be weighted as follows:
Quizzes 5% each
Exams 20% each
First paper 10%
Second paper 15%

The grading scale will be:

A+ 98 – 100% C- 70 – 72%
A 94 – 97% D+ 67 – 69%
A- 90 – 93% D 63 – 66%
B+ 87 – 89% D- 60 – 62%
B 83 – 86% F below 60%
B- 80 – 82%
C+ 77 – 79%
C 73 – 76%

2
Schedule and reading assignments:
Subject Topic Chapter Module Pages

Week One
(starting June 1)
Instructor 1.1
introduction
Course overview 1.2
Ethics and Social Moral theories of 2 2.1 20-25
Responsibility of Business business ethics
Ethics and Social Theories of the 2 2.2 25-29
Responsibility of Business social responsibility
of business
Ethics and Social Three Pillar Model 2 2.3
Responsibility of Business
Ethics and Social Dodge v. Ford 2 2.4 Handout
Responsibility of Business
Ethics and Social Shlensky v. Wrigley 2 2.5
Responsibility of Business
Ethics and Social Distinguishing 2 2.6
Responsibility of Business Dodge and Shlensky
Constitutional Law for Historic overview 5 5.1 86-90
Business and structure

Constitutional Law for Commerce Clause 5 5.2 90-95

Business
Constitutional Law for Free speech 5 5.3 95-97
Business
Constitutional Law for Corporate and 5 5.4
Business commercial speech
Courts and Jurisdiction Common law system 3 3.1
Courts and Jurisdiction Juries 3 3.2
Courts and Jurisdiction Overview of court 3 3.3 34-45
system
Courts and Jurisdiction Precedent 3 3.4

3
Subject Topic Chapter Module Pages
Courts and Jurisdiction Contrast with the 3 3.5
Continental system
Courts and Jurisdiction Subject Matter 3 3.6 46-48
Jurisdiction
Courts and Jurisdiction Personal Jurisdiction 3 3.7 48-51

FIRST QUIZ
Week Two
(starting June 12)
Judicial and Alternative Introduction, venue 4 4.1 61-63
Dispute Resolution
Judicial and Alternative Pleadings 4 4.2 63-66
Dispute Resolution
Judicial and Alternative Discovery 4 4.3 68-70
Dispute Resolution
Judicial and Alternative Pre-trial disposition 4 4.4 71-72, 77-79
Dispute Resolution
Judicial and Alternative Trial, appeal 4 4.5 73-75, 76
Dispute Resolution
Administrative Law Introduction, history 3 3.8 53-55
Administrative Law Rulemaking, 3 3.9
lobbying, regulatory
capture
Administrative Law Judicial 3 3.10
enforcement, control
Criminal Law Historic crime rates 7 7.1
Criminal Law Introduction, mens 7 7.2 134-138
rea
Criminal Law Criminal procedure 7 7.3 139-142
Criminal Law Crimes 7 7.4 142-150
Criminal Law Constitutional 7 7.5 152-158
protections

4
Subject Topic Chapter Module Pages
Criminal Law Court system, 7 7.6
corporate crime,
federalism
Criminal Law FCPA 7 7.7
SECOND QUIZ
Week Three
(starting June 19)
Real Property and Land Use Introduction 25 25.1 559-563
Regulation
Real Property and Land Use Co-tenancy 25 25.2 563-566
Regulation
Real Property and Land Use Transfer issues 25 25.3 566-569
Regulation
Credit and Secured Mortgages and 13 13.1 277-282
Transactions foreclosures
Real Property and Land Use Adverse possession 25 25.4 569-570
Regulation
Real Property and Land Use Easements 25 25.5 570-572
Real Property and Land Use Landlord-tenant 25 25.6 572-576
relationship
Real Property and Land Use Licenses, restrictive 25 25.7 576-577
covenants, zoning,
and nuisance
Real Property and Land Use Eminent domain 25 25.8 577-579
Regulation
Credit and Secured Mortgages and 13 13.1 227-228
Transactions foreclosures
Intellectual Property Introduction 8 8.1 163-165
Intellectual Property Trade secrets 8 8.2 165-167
Intellectual Property Patents 8 8.3 167-172
Intellectual Property Copyright 8 8.4 172-174

5
Subject Topic Chapter Module Pages
Intellectual Property Fair use 8 8.5 174-176
Intellectual Property Trademarks 8 8.6 176-183
THIRD QUIZ
Week Four
(starting June 26)
Torts and Strict Liability Introduction to torts 6 6.1 109-110
Torts and Strict Liability Assault and battery 6 6.2 110-111
Torts and Strict Liability Other intentional 6 6.3 111-115
torts
Torts and Strict Liability Prima facie 6 6.4 115
negligence
Torts and Strict Liability Duty, part 1 6 6.5 115-116
Torts and Strict Liability Duty, part 2 6 6.6
Torts and Strict Liability Breach of duty, 6 6.7 116-119
causation, and injury
Torts and Strict Liability Special negligence 6 6.8 119-123
doctrines
Torts and Strict Liability Defenses 6 6.9 123-124
Torts and Strict Liability Strict liability 6 6.10 124-125
Torts and Strict Liability Product liability 6 6.11 125-129
FOURTH QUIZ
Week Five
(starting July 5)
MIDTERM EXAM
Week Six
(starting July 10)
Formation of Contracts Introduction 9 9.1 190-193
Formation of Contracts Classifications of 9 9.2 193-197
contracts

6
Subject Topic Chapter Module Pages
Formation of Contracts Offer 9 9.3 198-201
Formation of Contracts Acceptance 9 9.4 201-203
Formation of Contracts Consideration 9 9.5 203-205
Formation of Contracts Capacity – age 9 9.6 205-206
Formation of Contracts Capacity – mental 9 9.7 206-207
incompetency,
intoxication
Formation of Contracts Legal purpose 9 9.8 207-210

Formation of Contracts Non-competes 9 9.9

Performance and Breach of Genuine assent – 10 10.1 214-217
Contracts mistake, fraud
Performance and Breach of Genuine assent – 10 10.2 217-219
Contracts duress, undue
influence
Performance and Breach of Statute of Frauds 10 10.3 219-221
Contracts
Performance and Breach of Parol evidence rule 10 10.4 221-222
Contracts
Performance and Breach of Monetary remedies 10 10.5 227-229
Contracts
Performance and Breach of Equitable remedies 10 10.6 229-233
Contracts
FIFTH QUIZ
Week Seven
(starting July 17)
Sales Contracts Introduction, Art. 2 12 12.1 253-257
merchants
Sales Contracts Formation 12 12.2 257-259
Sales Contracts Writings 12 12.3 259
Sales Contracts Express warranty 12 12.4 265-266

7
Subject Topic Chapter Module Pages
Sales Contracts Implied warranties 12 12.5 266-269
Agency Law Introduction 18 18.1 410-412
Agency Law Duties of agents and 18 18.2 417-420
principals
Agency Law Liability to third 18 18.3 420-423
parties
Employment Law and Employment-at-will 20 20.1 465-466
Worker Protection and term
employment
Equal Opportunity in Title VII and sexual 19 19.1 435-439, 443-446
Employment harassment
Labor Law Labor law 21 21.1 482-489
Labor Law Public-sector unions 21 21.2
SIXTH QUIZ
Week Eight
(starting July 24)
Small Business, General Limited liability 14 14.1 304-306
Partnerships, Limited
Partnerships
Small Business, General Sole proprietorships 14 14.2 306-315
Partnerships, Limited and general
Partnerships partnerships
Small Business, General Limited partnerships 14 14.3 318-324, 341-345
Partnerships, Limited and LLPs
Partnerships
LLCs LLCs 15 15.1 330-339
Corporations and Corporate Corporations 16 16.1 355-358
Governance introduction
Corporations and Corporate Three-tier structure 16 16.2
Governance
Corporations and Corporate S-Corps and P.C.s 16 16.3
Governance

8
Subject Topic Chapter Module Pages
Corporations and Corporate Background 16 16.4
Governance
Corporations and Corporate Purpose of the 16 16.5
Governance corporation
Corporations and Corporate Fiduciary duties 16 16.6
Governance
SEVENTH QUIZ
Week Nine
(starting July 31)
FINAL EXAM

Academic Integrity Policy and Reporting Process: Students, faculty, staff, and administrators of
Western Carolina University (WCU) strive to achieve the highest standards of scholarship and
integrity. Any violation of the Academic Integrity Policy is a serious offense because it threatens
the quality of scholarship and undermines the integrity of the community. While academic in
scope, any violation of this policy is by nature, a violation of the Code of Student Conduct
(Code) and will be addressed as outlined in that document. If the charge occurs close to the end
of an academic semester or term or in the event of the reasonable need of either party for
additional time to gather information timelines may be extended at the discretion of the
appropriate academic Dean.

General:
This policy addresses academic integrity violations of undergraduate and graduate students.
Students, faculty, staff, and administrators of Western Carolina University (WCU) strive to
achieve the highest standards of scholarship and integrity. Any violation of this policy is a
serious offense because it threatens the quality of scholarship and undermines the integrity of the
community.
Instructors have the right to determine the appropriate academic sanctions for violations of the
Academic Integrity Policy within their courses, up to and including a final grade of “F” in the
course in which the violation occurs.

Definitions:
Cheating – Using, or attempting to use, unauthorized materials, information, or study aids in any
academic exercise.
Fabrication – Creating and/or falsifying information or citation in any academic exercise.
Plagiarism – Representing the words or ideas of someone else as one’s own in any academic
exercise.

9
Facilitation – Helping or attempting to help someone to commit a violation of the Academic
Integrity Policy in any academic exercise (e.g. allowing another person to copy information
during an examination).

Students may be required to submit written assignments for this class to Turnitin, a web-based
plagiarism detection software, prior to submitting the assignment for grading.  Be advised that
assignments submitted to Turnitin will be included as source documents in the reference
database for the purpose of detecting plagiarism of such papers.

Undergraduate and Graduate Academic Integrity Process: Additional information is available

on the Student Success website under Student Community Ethics:
http://www.wcu.edu/experience/dean-of-students/academic-integrity.aspx

Community Vision for Inclusive Excellence Statement: The diverse perspectives encountered
at WCU are an important part of the preparation of students for roles as regional, national, and
global leaders who contribute to the improvement of society. It is expected that members of the
WCU community will not only coexist with those who are different from themselves, but also
nurture respect and appreciation of those differences. We encourage civil discourse as a part of
the learning enterprise, and as a campus we do not tolerate harassing or discriminating behavior
that seeks to marginalize or demean members of our community.

Accommodations for Students with Disabilities: Western Carolina University is committed to

providing equal educational opportunities for students with disabilities. The Americans with
Disabilities Act (ADA) is a federal anti-discrimination statute that provides comprehensive civil
rights for persons with disabilities. Among other things, the ADA requires that students with
disabilities be guaranteed a learning environment that provides for reasonable accommodation of
their disabilities. If you believe you have a disability requiring an accommodation, please
contact the Office of Accessibility Resources located in Killian Annex or call 828-227-2716.
For additional information, visit go.wcu.edu/oar.

10